The Linda Mwananchi faction is planning a fresh suit against National Assembly Speaker Moses Wetang’ula following yesterday’s suspension of their colleague Antoney Kibagendi from Parliament.
The leaders, led by Nairobi Senator Edwin Sifuna, addressed a press conference at the Parliament Buildings, where they raised concerns that Wetang’ula and the House leadership may have acted contrary to the Constitution by proceeding in a manner they believe may not align with a court order related to Kibagendi’s reinstatement.
Sifuna was flanked by his Senate colleagues Godfrey Osotsi and Nan Maanzo, as well as MPs Obadia Barongo, Babu Owino, Caroli Omondi and Joshua Kimilu.
They also questioned the Speaker’s interpretation of the law in relation to disciplinary action taken against a member over remarks said to have been made outside the precincts of Parliament, describing the move as unfair treatment.
“It’s not possible for a speaker to police utterances of members of the National Assembly or even the Senate outside parliament; it's preposterous for anybody to imagine that what I say in my bedroom is subject to the powers and privileges at, it’s just a preposterous application of the law,” Sifuna said.
On his side, Owino expressed concern over what he described as actions by the National Assembly that, in his view, may not have complied with existing court directives.
Owino said the suspension issued to Kibagendi should be reconsidered, maintaining that the Kitutu Chache legislator has a right to freedom of expression, while criticising what he termed ‘unprofessional conduct of defying court orders whose terms were very clear, unambiguous and binding’.
“Kibagendi had a right to speech because we know that freedom of speech is the oxygen to democracy. He spoke outside Parliament; therefore, whatever he said is not binding inside or within the precincts of Parliament,” he said.
He then added, “We will therefore, as members of Linda Mwananchi, proceed and file a judicial review application and certificate of urgency at the High Court of Kenya and seek two common law remedies.”
According to the legislators, the MPs will be seeking the High Court to issue orders directing the Speaker to comply with the earlier order related to Kibagendi’s reinstatement and also review Tuesday’s 14-day suspension, which they argue was undertaken in the context of an existing court order.
Maanzo said a Speaker should not exercise powers under the Constitution or Standing Orders in a way that may be seen to unfairly penalise an MP for remarks made outside the House.
“No one is above the law, even the President, who is insulated from court cases while in office, can be held accountable after leaving office. Previous Speakers, such as Speaker Muturi, obeyed court orders. Contemptuous proceedings will be moved against the current speaker, and he can be committed to civil jail. And that’s what we are going to do,” Maanzo said.
The National Assembly voted on Tuesday to suspend Kibagendi for 14 days over comments he made in February during a television interview questioning Parliament’s independence, in a matter that has also been subject to proceedings before the High Court.
Majority Leader Kimani Ichung’wah moved the motion, citing the need to protect Parliament’s dignity and integrity, and Temporary Speaker Peter Kaluma put it to a vote, which was approved by acclamation.
Efforts to obtain a response from the Speaker’s office were not immediately successful by the time of publication.
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